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Jan
7
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January 7, 2016. Change of Address for the Office of Foreign Labor Certification, National Prevailing Wage Center The Department of Labor (Department) is providing notice that the Office of Foreign Labor Certification (OFLC) National Prevailing Wage Center (NPWC), currently located at 1341 G. Street, Washington, D.C., is relocating within the Washington, D.C. area effective Monday, January 11, 2016. The address for the NPWC's new location is: US Department of Labor/ETA |
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Jan
6
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January 6, 2016. Upload the updated FY 2015 Q4 Disclosure Data. H-2B, PERM and Prevailing Wage The Office of Foreign Labor Certification has posted updated H-2B, PERM and Prevailing Wage disclosure data files for Quarter 4 of FY 2015. Click here to access the disclosure files and corresponding record layouts. |
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Jan
5
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January 5, 2016. OMB Approval of Revisions to Appendix B of Form ETA-9142B and Form ETA-9165 in order to Implement Provisions of 2016 DOL Appropriations Act The 2016 Department of Labor Appropriations Act (Division H, Title I of Public Law 114-113) (2016 DOL Appropriations Act), which was enacted on December 18, 2015, contained several provisions requiring non-substantive modifications to (1) the Form ETA-9165, Employer-Provided Survey Attestations to Accompany H-2B Prevailing Wage Determination Request Based on a Non-OES Survey and (2) Appendix B of the Form ETA-9142B, H-2B Application for Temporary Employment Certification. In order to comply with the 2016 DOL Appropriations Act, the Office of Foreign Labor Certification (OFLC) submitted these non-substantive modifications to the Office of Management and Budget (OMB) for review and approval. The OMB has now approved the non-substantive modifications. Therefore, the OFLC Certifying Officers (COs) may issue H-2B prevailing wage determinations based on the submission of a private survey, and may now certify H-2B applications for temporary labor certification, so long as all applicable program requirements are met. IMPORTANT NOTICES Employers Requests for Prevailing Wage Determination Based on Survey
Employers Requests for H-2B Temporary Labor Certification
To obtain a copy of the Emergency Guidance (updated January 5) reflecting these changes, please click here. To obtain a copy of the revised Form ETA-9165 and general instructions, please click here. To obtain a copy of the revised Appendix B, Form ETA-9142B, please click here. To obtain a copy of the Department's latest Frequently Asked Question concerning corresponding employment, please click here. |
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Dec
28
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December 28, 2015. The Department has released its Foreign Labor Certification Annual Report for FY 2014 The 2014 Annual Report presents information on the Prevailing Wage Determination Process, Permanent Labor Certification, and Temporary Nonimmigrant Labor Certification for FY 2014. The report also contains State Employment-Based Labor Certification Profiles and top Country Employment-Based Immigration Profiles. Click here to view the 2014 Annual Report. A 508 compliant version will posted as soon as available. |
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Dec
22
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December 22, 2015. New 2016 H-2A Adverse Effect Wage Rates (AEWRs) The Department has published a notice in the Federal Register announcing new Adverse Effect Wage Rates (AEWRs) for each state, based on the Farm Labor Survey conducted by the U.S. Department of Agriculture. The AEWRs are the minimum hourly wage rates the Department has determined must be offered and paid by employers to H-2A workers and workers in corresponding employment for a particular agricultural job and area, so that the wages of similarly employed U.S. workers will not be adversely affected. To read the Federal Register notice please click here. |
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Dec
21
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December 21, 2015. The Office of Foreign Labor Certification has posted updated performance factsheets containing the Quarter 4 FY 2015 selected statistics for the H-1B, H-2A and H-2B programs. The reports have been updated to include the percentage of applications processed timely. Additionally, the H-2A report has been updated to reflect the correct number of Top 10 Crops/Occupations FYTD. Reports are derived from program data as of 9/30/2015. The updated program factsheets may also be found on OFLC's Performance Data page. |
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Dec
17
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December 17, 2015. New Small Business Guide to the H-2A Visa Program: Herding or Production of Livestock on the Range In efforts to assist users of the H-2A Visa Program, the Department of Labor (Department) has published a Handbook for the Herding or Production of Livestock on the Range. This Handbook assists U.S. employers with Departmental standards and procedures for the employment of temporary H-2A agricultural workers in herding or production of livestock on the range occupations. To access the Handbook directly please click here. |
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Dec
17
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December 17, 2015. H-2B IFR FAQs The Department of Labor has published Frequently Asked Questions (FAQs) related to Prevailing Wage Determinations and Emergency Filings under the 2015 H-2B Interim Final Rule. The FAQs are posted as Round 13 on the H-2B page. To directly access the new FAQs, please click here. |
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Dec
14
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December 14, 2015. H-2B Forms Update All of the forms for the H-2B program, except the employer provided survey attestations (Form ETA-9165), have been extended for three years until December 31, 2018. The Form ETA-9165 is still being extended in monthly increments until receipt of a three year extension. However, if employers have already filled out and signed the forms with an expiration date of 12/31/2015 in anticipation of filing them in the first weeks of January, the Department will accept forms with the expiration date of 12/31/2015 through January 31, 2016. Also, as a reminder, the Form ETA-9155 and the registration process are not operational at this time. OFLC will announce the implementation of the registration process in the Federal Register and on this website. |
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Dec
11
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December 11, 2015. H-2B IFR FAQs The Department of Labor has published Frequently Asked Questions (FAQs) related to Emergency Filings and Post Certification Amendments under the 2015 H-2B Interim Final Rule. The FAQs are posted as Round 12 on the H-2B page. To directly access the new FAQs, please click here. |
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Dec
8
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December 8, 2015. H-2B IFR FAQs and Job Order Checklist The Department of Labor has published Frequently Asked Questions (FAQs) related to Job Order Content, Recruitment and Amendments under the 2015 H-2B Interim Final Rule. The FAQs are posted as Round 11 on the H-2B page. To directly access the new FAQs, please click here. The Department also published a Job Order Checklist to help employers ensure they include required disclosures in their H-2B job orders. To read the job order checklist, please click here. |
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Nov
30
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November 30, 2015. H-2A Productivity Standards FAQs The Department of Labor published Frequently Asked Questions (FAQs) on October 30, 2015 on productivity standards for the H-2A program. The FAQs are posted as Round 9: October 2015 on the H-2A program page. To directly access the new FAQs, please click here. |
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Nov
19
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November 19, 2015. USDA Release of 2015 Farm Labor Survey On November 19, 2015, the United States Department of Agriculture (USDA) issued the Farm Labor Survey (FLS) report in which it established the average annual wage rates, by region and the United States, for field and livestock workers. The Department of Labor (Department) relies on the average annual combined hourly wage for field and livestock workers in order to establish the Adverse Effect Wage Rates (AEWRs) in the H-2A program. The AEWRs are the minimum hourly wage rates the Department has determined must be offered and paid by employers to H-2A workers and workers in corresponding employment, so that the wages of workers similarly employed in the United States will not be adversely affected. The Department is reviewing the USDA FLS average annual wage rates for 2015 and will soon publish a notice in the Federal Register announcing new Adverse Effect Wage Rates (AEWRs) for each state at which time the rates will become immediately effective. To obtain more information on NASS surveys and reports, please call the NASS Agricultural Statistics Hotline at (800) 727-9540, 7:30 a.m. to 4:00 p.m. ET, or e-mail: nass@nass.usda.gov. To obtain a copy of the latest USDA FLS report, please click here. |
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Nov
19
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November 19, 2015. Change of Address for the Office of Foreign Labor Certification National Office. The Department of Labor (Department) is providing notice that the Office of Foreign Labor Certification (OFLC) National Office currently located in the Frances Perkins Building at 200 Constitution Ave., NW is relocating within Washington, DC effective on Monday, November 23, 2015. The address for OFLC's new location is:
However, mail for the OFLC National Office should continue to be sent to the Frances B. Perkins building at:
A daily courier service will deliver mail to the new location. |
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Nov
17
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November 17, 2015. New 2016 Herder H-2A Adverse Effect Wage Rates (AEWRs) On November 16, 2015, the Employment and Training Administration (ETA) of the Department of Labor (Department) is issuing this notice to announce the new Adverse Effect Wage Rate (AEWR) for the employment of temporary or seasonal nonimmigrant foreign workers (H-2A workers) to perform herding or production of livestock on the range. AEWRs are the minimum wage rates the Department has determined must be offered and paid by employers to H-2A workers and workers in corresponding employment so that the wages of similarly employed U.S. workers will not be adversely affected. To read the Federal Register notice please click here. |
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Oct
30
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October 30, 2015. H-2B Forms Extended. The forms for the H-2B program have been extended temporarily until November 30, 2015 while OFLC awaits approval of its request for a three year extension under review with the Office of Management and Budget (OMB). OFLC will continue to extend the forms in one month increments until approved by OMB. A second comment period, as required by the Paperwork Reduction Act, ends November 30, 2015. For complete details see the Federal Register notice for OMB control number 1205-0509 here and 1205-0516 here. |
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Oct
29
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October 29, 2015. H-2A Final Rule: Range Herding or Production of Livestock in the United States The Department will host two public webinars to educate stakeholders, program users, and other interested members of the public on the changes to the Temporary Agricultural Employment of H-2A Foreign Workers in the Range Herding or Production of Livestock in the United States made by the 2015 H-2A Herder Final Rule, which published on October 16, 2015 with an effective date of November 16, 2015. The Final Rule may be found here. The webinar briefings are scheduled for November 10, 2015 and November 17, 2015. Each webinar will be from 2:00 PM until 3:30 PM Eastern time. There is no pre-registration for the public webinar. The webinar will be accessible to the public on a first-come, first-served basis on the each webinar day. Please read the instructions for accessing the Department's webinars for the 2015 H-2A Herder Final Rule here. |
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Oct
29
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October 29, 2015. H-2A Herder Rule FAQs The Department of Labor is making available Frequently Asked Questions (FAQs) that address job order and application filing, processing, and wage rate under the new regulation governing the Temporary Agricultural Employment of H-2A Foreign Workers in the Herding or Production of Livestock on the Range in the United States (H-2A Herder Final Rule). This rule will be effective on November 16, 2015. To read the new FAQs, please click here. To read a short description of the H-2A Herder Rule and FAQs addressing implementation and major provisions of the H-2A Herder Rule, please click here. |
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Oct
21
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October 21, 2015 FY 2015 Q4 Cumulative Disclosure Data The OFLC PERM, H-2A, H-2B, Prevailing Wage, and H-1B program disclosure data files for Quarter 4 of FY 2015 are now available. Click here to access the disclosure files and corresponding record layouts. |
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Oct
21
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October 21, 2015 The Office of Foreign Labor Certification has posted updated program factsheets containing the FY 2015 Quarter 4 Selected Statistics for the Permanent Labor Certification Program, Prevailing Wage Determination Program, H-1B Temporary Visa Program, H-2A Temporary Agricultural Visa Program, and H-2B Temporary Non-agricultural Visa Program. Reports are derived from program data as of 9/30/2015.The updated program factsheets may also be found on OFLC's Performance Data page. |
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Oct
16
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October 16, 2015 On October 16, 2015, the Department of Labor (Department) published a new regulation governing the Temporary Agricultural Employment of H-2A Foreign Workers in the Herding or Production of Livestock on the Range (H-2A Herder Final Rule) in the United States. This Final Rule amends the current regulations governing the labor certification process and standards to cover H-2A foreign workers in herder occupations, codified at 20 CFR part 655, and enforcement of employer obligations under the H-2A program. In the coming weeks, the Department's Office of Foreign Labor Certification will publish additional technical implementation materials on its website for the new H-2A Herder Final Rule and will alert stakeholders as those materials becomes available. To read the full text of the Final Rule, please click here. This rule will be effective on November 16, 2015. To read a short description of the Final Rule and FAQs regarding the Final Rule, please click here. |
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Oct
13
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October 13, 2015 On October 13, 2015, the Office of the Federal Register (OFR) placed on public inspection the Final Rule, Temporary Agricultural Employment of H-2A Foreign Workers in the Herding or Production of Livestock on the Range in the United States. The OFR made minor technical edits to the Final Rule posted on our website earlier the same day, but the substance of the Final Rule remains the same. Only the version published in the Federal Register is the official regulation. To view the Final Rule on the OFR's public inspection site, please click here. |
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Oct
13
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October 13, 2015 On October 13, 2015, the U.S. Department of Labor announced the H-2A Herder Final Rule regarding the employment of foreign workers in jobs related to the herding of livestock on the range, including the herding of sheep and goats. To read the News Release regarding this regulation, click here. |
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Oct
2
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October 2, 2015 The following public data has been updated due to data defects. Duplicated & voided cases removed; missing records restored in the following:
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Sep
22
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September 22, 2015 The H-1B program disclosure data file has been updated to include records through June 30, 2015 for Quarter 3 of FY 2015. Click here to access the disclosure files and corresponding record layouts. |
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Sep
16
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September 16, 2015. H-2B 2015 Final Wage Rule Webinar Recording. The recording of the H-2B 2015 Final Wage Rule webinar briefing, hosted on August 21, 2015, has been posted under the Prevailing Wage Information section on the Office of Foreign Labor Certification's H-2B 2015 Interim Final Rule web page. To access the page, please click here. To access the recording directly, please click here. |
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Sep
14
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September 14, 2015. Submission of some PERM Applications. On Tuesday, September 1, 2015, the Department implemented software updates to the Permanent Labor Certification Case Management System (CMS). An unexpected programming glitch occurred which impacted a small number of applications and resulted in the prohibition of certain information being entered onto the ETA Form 9089. The Department is working to correct this issue. Until the revisions become operational, an employer who cannot complete and file an ETA Form 9089 online should mail in their application to the Atlanta National Processing Center at the following address:
Employers, who attempted to submit an online application between Tuesday, September 1, 2015, and Friday, September 11, 2015, only, are authorized to provide documentation establishing that information in their ETA Form 9089 was impacted. If you elect to provide documentation with the ETA Form 9089, please include a cover page containing the words "September 2015, CMS Technical Issue" in the center of the page in large letters. All documentation in response to this letter must be submitted by September 30, 2015, to the following: U.S. Department of Labor |
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Sep
1
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September 1, 2015. H-2B 2015 Final Wage Rule Webinar Presentation. The presentation for the H-2B 2015 Final Wage Rule webinar briefing, hosted on August 21, 2015 has been posted under the Prevailing Wage Information section on the Office of Foreign Labor Certification's H-2B 2015 Interim Final Rule web page. To access the page, please click here. To access the presentation directly, please click here. |
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AUG
26
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August 26, 2015. iCERT System E-mails Regarding the H-2B Prevailing Wage Determination Appeal Request Process. Due to delays in updating the Office of Foreign Labor Certification's iCERT System, Prevailing Wage Determination Module, employers are currently receiving automatic e-mails with the previous regulatory requirements regarding the appeal request process for H-2B prevailing wage determinations (PWDs). While we are working to update the iCERT System, in the interim, employers of H-2B PWDs will receive a secondary e-mail with the appropriate appeal request process in accordance with the H-2B 2015 Final Wage Rule, effective April 29, 2015. Specifically, the secondary e-mail will indicate employers may submit a request for Center Director Review within 7 days of the issuance of the PWD in accordance with the Department's regulations at 20 CFR § 655.13(a); or submit a new ETA Form 9141, Application for Prevailing Wage Determination. |
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AUG
13
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August 13, 2015. H-2B 2015 Final Wage Rule Webinar. The Department will host a public webinar to educate stakeholders, program users, and other interested members of the public on the changes to the H-2B program made by the H-2B 2015 Final Wage Rule, in effect as of April 29, 2015. The webinar briefing is scheduled for August 21, 2015, from 1:00 PM until 2:30 PM Eastern Daylight time. There is no pre-registration for the public webinar. The webinar will be accessible to the public on a first-come, first-served basis on the date specified. Please read the instructions for accessing the Department's H-2B Final Wage Rule public webinar here. |
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AUG
4
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August 4, 2015. The Office of Foreign Labor Certification has posted new and updated Labor Condition Application (LCA/ ETA Form 9035/9035E) Frequently Asked Questions (FAQs) for the H-1B, H-1B1 and E-3 programs. The new FAQs may be found here. |
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JUL
31
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July 31, 2015. The Office of Foreign Labor Certification (OFLC) today has implemented a change in the official signature on approved labor certification applications. Specifically, OFLC determinations to grant permanent and temporary labor certification will no longer display the electronic signature of the OFLC Acting Administrator, William W. Thompson, II. Beginning July 31, 2015, the electronic signature on approved applications under the permanent (ETA Forms 9089, 750) and temporary (ETA Forms 9035E, 9142A, 9142B, 9033) visa programs will be shown as "Certifying Officer." This change demonstrates increased transparency and more accurately reflects the operational decision making process across the organization. The OFLC has consulted with the Department of Homeland Security's United State Citizenship and Immigration Services on this change for purposes of accepting employer-filed I-129 and I-140 petitions. |
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JUL
22
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July 22, 2015. |
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JUL
21
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July 21, 2015. H-2B 2015 IFR FAQs: Integrity Measures. |
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JUL
17
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July 17, 2015. Processing of H-2B Labor Certifications Granted under the 2008 Final Rule. |
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JUL
17
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July 17, 2015. ETA-9142B and ETA-9165 Extension Requests. |
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JUL
15
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July 15, 2015. H-2B 2015 IFR FAQs: Appeals and Seafood Industry Staggered Crossings. |
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JUL
15
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July 15, 2015. July 15, 2015. FY 2015 Q3 Cumulative Disclosure Data The OFLC PERM, H-2A, H-2B, Prevailing Wage, and H-1B program disclosure data files for Quarter 3 of FY 2015 are now available. Click here to access the disclosure files and corresponding record layouts. |
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JUL
9
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July 9, 2015. The H-2B RFI mailbox at the Chicago National Processing Center (RFI.H2B.Chicago@dol.gov) will cease to be monitored July 13, 2015, and will no longer accept messages starting September 30, 2015. All stakeholders should use TLC.Chicago@dol.gov for all communications concerning the H-2A and H-2B Temporary Labor Certification programs. |
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JUL
8
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July 8, 2015. The Office of Foreign Labor Certification has updated the following H-2B forms: 1) Form 9142B - General Instructions; 2) Appendix B; 3) Form 9142B, Job Contractor Requirements under the 2015 H-2B Interim Final Rule. To access the forms, please click here. |
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JUN
9
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June 9, 2015. H-2B 2015 Interim Final Rule Webinar Resources.On May 27, 2015, the Department of Labor hosted a public webinar to educate stakeholders, program users, and other interested members of the public on the changes to the H-2B program made by the H-2B 2015 Interim Final Rule, which became effective on April 29, 2015. To learn more, you may now access the webinar recording and presentation slides on the H-2B 2015 Interim Final Rule Page, under Additional Resources here. |
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JUN
1
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June 1, 2015. H-2B 2015 Final Wage Rule Webinar Recording.The recording of the H-2B 2015 Final Wage Rule webinar briefing, hosted on May 15, 2015, has been posted under the Prevailing Wage Information section on the Office of Foreign Labor Certification's H-2B 2015 Interim Final Rule web page. To access the page, please click here. To access the recording directly, please click here. |
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MAY
22
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May 22, 2015.On April 15, 2015, the Department of Labor (Department) published in the Federal Register a Notice of Proposed Rulemaking: Temporary Agricultural Employment of H-2A Foreign Workers in the Herding or Production of Livestock on the Open Range in the United States (NPRM) (80 FR 20300). The NPRM provided for the submission of public comments through May 15, 2015. In response to public requests to extend the comment period, the Department published a subsequent notice in the Federal Register to extend the comment period by 15 days, through June 1, 2015 (80 FR 25633). After the publication of the notice announcing the extension, the Department received additional requests to extend the comment period. However, the Department is required by court order to publish a final rule no later than November 1, 2015, Mendoza v. Perez, No. 11-1790 (D.D.C Oct. 31, 2014), and any further extension of the comment period would significantly impair our ability to meet this court-ordered deadline. As a result, we have not further extended the comment period beyond June 1, 2015. |
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MAY
20
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May 20, 2015. Announcing the H-2B 2015 Interim Final Rule Webinar.On May 27, 2015 at 2pm Eastern Daylight Time, the Department of Labor will host a public webinar to educate stakeholders, program users, and other interested members of the public on the changes to the H-2B program made by the H-2B 2015 Interim Final Rule, which became effective on April 29, 2015. Please note that this webinar is limited to 300 participants and will be accessible to the public on a first-come, first-served basis. To learn more, including how to access the Department's H-2B 2015 Interim Final Rule public webinar, please click here. |
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MAY
18
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May 18, 2015. H-2B 2015 Final Wage Rule Webinar Recording.The recording of the H-2B 2015 Final Wage Rule webinar briefing, hosted on May 13, 2015, has been posted under the Prevailing Wage Information section on the Office of Foreign Labor Certification's H-2B 2015 Interim Final Rule web page. To access the page, please click here. To access the recording directly, please click here. |
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MAY
14
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May 14, 2015. H-2B 2015 Final Wage Rule Webinar Presentation.The presentation for the H-2B 2015 Final Wage Rule webinar briefings, hosted on May 13, 2015 and May 15, 2015, has been posted under the Prevailing Wage Information section on the Office of Foreign Labor Certification's H-2B 2015 Interim Final Rule web page. To access the page, please click here. To access the presentation directly, please click here. |
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MAY
7
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May 7, 2015. H-2B 2015 Final Wage Rule Webinar.The Department will host two public webinars to educate stakeholders, program users, and other interested members of the public on the changes to the H-2B program made by the H-2B 2015 Final Wage Rule, in effect as of April 29, 2015. The webinar briefings are scheduled for May 13, 2015 and May 15, 2015, from 1:00 PM until 2:30 PM Eastern Daylight time. There is no pre-registration for the public webinars. Each will be accessible to the public on a first-come, first-served basis on the dates specified. Please read the instructions for accessing the Department's H-2B Final Wage Rule public webinars here. |
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MAY
5
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May 5, 2015. DOL Extends the Comment Period for the H-2A Open Range Notice of Proposed Rulemaking to and including June 1,2015.On April 15, 2015, the Department of Labor (Department) published in the Federal Register a Notice of Proposed Rulemaking: Temporary Agricultural Employment of H-2A Foreign Workers in the Herding or Production of Livestock on the Open Range in the United States (H-2A Open Range NPRM), 80 FR 20300 (Apr. 15, 2015). The Notice provided for the submission of public comments through May 15, 2015. In order to provide the public with additional time to submit comments, the Department published a subsequent notice in the Federal Register to extend this comment period. To read the notice extending the comment period by 15 days, to and including June 1, 2015, please click here. |
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MAY
1
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May 1, 2015. H-2B 2015 Interim Final Rule Web Page.The Office of Foreign Labor Certification has created a dedicated web page for the H-2B 2015 Interim Final Rule to provide assistance to stakeholders. The web page contains program details with links to Frequently Asked Questions, the iCERT System for electronic filing, the Forms page and more. To access the page, please click here. |
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APR
29
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April 29, 2015. New H-2B Program Regulations.On April 29, 2015, the Departments of Labor and Homeland Security jointly published new regulations governing the H-2B Temporary Non-agricultural Labor Certification Program. The new regulations are effective immediately.
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APR
24
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April 24, 2015In an effort to increase the transparency of foreign labor certification application processing, the Office of Foreign Labor Certification has expanded the data fields displayed in the PERM, H-1B, H-2A and H-2B Disclosure Data. The 2nd quarter disclosure data now includes additional information that better coincides with the majority of data fields displayed located on the Labor Certification Registry. A power point presentation has been posted here to provide details of the additional fields included in the new tables. |
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APR
16
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April 16, 2015: H-2B Processing ContinuingOn April 15, 2015, the federal district court for the Northern District of Florida issued a further order in Perez v. Perez, No 3:14-cv-682 (N.D. Fla., March 4, 2015) that permits DOL to continue its processing of H-2B applications and requests for prevailing wages through May 15, 2015 unless otherwise lifted by the court. Therefore, DOL is continuing to process H-2B applications and requests for prevailing wage. |
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APR
16
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April 16, 2015: DOL H-2B Processing Stops AgainUnder the court order issued March 18, 2015, by the federal district court in Perez v. Perez, No. 3:14-cv-682 (N.D. Florida), DOL was permitted to temporarily resume processing H-2B requests for prevailing wages and applications for labor certification under the 2008 H-2B rule through April 15, 2015. The court's order permitted only a temporary resumption, and now requires DOL once again to cease accepting or processing requests for prevailing wage determinations or applications for labor certification in the H-2B program. Effective April 16, 2015, DOL has ceased accepting or processing H-2B prevailing wage determinations and applications for H-2B temporary non-agricultural labor certification under the 2008 rule. DOL and DHS are moving as quickly as possible to issue new joint regulations that will enable DOL to resume processing H-2B applications and requests for prevailing wage determinations. |
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APR
15
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April 15, 2015.On April 15, 2015, the Department published in the Federal Register a Notice of Proposed Rulemaking: Temporary Agricultural Employment of H-2A Foreign Workers in the Herding or Production of Livestock on the Open Range in the United States (H-2A Open Range NPRM). 80 FR 20300 (Apr. 15, 2015). The Department invites public comments on the H-2A Open Range NPRM during the 30-day comment period ending on May 15, 2015. To read the H-2A Open Range NPRM and learn how to submit comments, please click here. |
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APR
14
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April 14, 2015.The Office of Foreign Labor Certification has posted updated program factsheets containing the Quarter 2 FY 2015 selected statistics for the Permanent Labor Certification Program, Prevailing Wage Determination Program, H-1B Temporary Visa Program, H-2A Temporary Agricultural Visa Program, and H-2B Temporary Non-agricultural Visa Program. Reports are derived from program data as of 3/30/2015.The updated program factsheets may also be found on OFLC's Performance Data page. |
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MAR
20
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March 20, 2015. FAQs regarding Temporary Stay of the Court's Vacatur of 2008 Final RuleThe Department of Labor is making available Frequently Asked Questions (FAQs) regarding its implementation of the Northern District of Florida's March 18, 2015 decision to temporarily stay its earlier judgment in Perez v. Perez, No. 3:14-cv-682 (N.D. Florida, Mar. 4, 2015). As a result of this stay, the Department has temporarily resumed processing of requests for H-2B prevailing wage determinations and applications for H-2B temporary non-agricultural labor certification until April 15, 2015. The FAQs can be accessed here. |
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MAR
18
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March 18, 2015. Prohibition of DOL H-2B Processing Temporarily LiftedOn March 18, 2015, the federal district court in the Northern District of Florida issued an order effectively permitting DOL to restart its processing of H-2B applications under the 2008 rule immediately and to continue processing applications under that rule through April 15, 2015. Effective immediately, DOL will begin processing H-2B applications under the 2008 rule and will continue to do so through April 15th. Under the terms of the court's March 18th order, any application for certification or prevailing wage determination that has not completed DOL processing by the time the stay ends as of April 16, 2015 may no longer be processed under the 2008 H-2B rule. |
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MAR
16
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March 16, 2015. Joint Statement from DOL and DHS on Next Steps for the H-2B ProgramOn March 4, 2015, the federal district court in the Northern District of Florida vacated the Department of Labor's (DOL) 2008 H-2B regulations on the ground that DOL lacks authority under the Immigration and Nationality Act to issue regulations in the H-2B program. Perez v. Perez, No. 3:14-cv-682 (N.D. Fla., Mar. 4, 2015). Because this decision vacated the rule and permanently enjoined DOL from enforcing it, DOL was forced to immediately discontinue the processing of applications for temporary labor certification in the H-2B program. To rectify the regulatory gap that the vacatur has caused, DOL and DHS are working expeditiously to issue a joint Interim Final Rule (IFR). It is the two Departments' intention to promulgate this rule by April 30, 2015. In addition, DOL will seek to determine whether relief from the Court's decision may be obtained such that processing can continue during the period of time before an IFR is promulgated. DOL and DHS recognize the hardship that has resulted from the Court's decision. That is why the Departments are moving as quickly as possible to issue new regulations that would be consistent with the decision. In so doing, the Departments must be mindful of other court decisions that have invalidated past subregulatory actions in the H-2B and related programs, including the issuance of guidance in the absence of rulemaking. |
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MAR
4
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March 4, 2015.On March 4, 2015, the federal district court in the Northern District of Florida vacated the Department of Labors (DOL) 2008 H-2B regulations on the ground that DOL lacks authority under the Immigration and Nationality Act to issue regulations in the H-2B program. Perez v. Perez, No. 3:14-cv-682 (N.D. Florida, Mar. 4, 2015). Because of this decision, effective immediately, DOL can no longer accept or process requests for prevailing wage determinations or applications for labor certification in the H-2B program. DOL is considering its options in light of the courts decision. |
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MAR
2
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March 2, 2015. FAQs regarding CATA v. Perez and employer-provided surveys in the H-2B programThe Department is making available Frequently Asked Questions (FAQs) regarding its implementation of the court's decision in Comite de Apoyo a los Trabajadores Agricolas (CATA) v. Perez, 774 F.3d 173, 191 (3d Cir. 2014). Following the court's decision, the Department ceased issuing prevailing wage determinations in the H-2B program based on employer-provided wage surveys. In addition, the Department can no longer issue H-2B temporary employment certifications based on employer-provided wage surveys. The FAQs may be accessed here. |
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FEB
23
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February 23, 2015. Federal Register Notice Announcing the 2015 Allowable Charges for Agricultural Workers' Meals and Travel Subsistence Reimbursement, Including Lodging for the H-2A Program.The Department of Labor has published a Notice in the Federal Register to announce the allowable charges for 2015 that employers seeking H-2A workers may charge their workers when the employer provides three meals a day, and the maximum travel subsistence meal reimbursement that a worker with receipts may claim in 2015. The Notice also includes a reminder regarding employers' obligations with respect to overnight lodging costs as part of required subsistence for the H-2A program. To read the Notice, please click here. |
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FEB
2
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February 2, 2015. The Department has released its Foreign Labor Certification Annual Report for FY 2013.The 2013 Annual Report presents information on the Prevailing Wage Determination Process, Permanent Labor Certification, and Temporary Nonimmigrant Labor Certification for FY 2013. The report also contains State Employment-Based Labor Certification Profiles and top Country Employment-Based Immigration Profiles. Click here to view the 2013 Annual Report. |
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Jan
28
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January 27, 2015. Additional Guidance regarding CATA v. Perez and Employers' H-2B Temporary Employment Certifications That Are Based on Employer-Provided Surveys.On Dec. 23, 2014, the Department announced procedures to implement the Court's decision in Comite de Apoyo a los Trabajadores Agricolas et al v. Perez, No. 14-3557 (3rd Cir.Dec. 5, 2014), which were applicable to (1) employers with pending prevailing wage requests based on an employer-provided survey and (2) employers who had received a prevailing wage determination based on an employer-provided survey but whose H-2B application had not yet been certified. In the latter case, the Department is issuing supplemental prevailing wage determinations (SPWDs) based on the OES mean. For employers who already received an H-2B temporary labor certification based on an employer-provided survey as of the date of the issuance of the Court's order on December 5, 2014, the Department will hold in abeyance the issuance of any SPWDs pending the conclusion of the adjudicatory proceeding initiated by the Secretary of Labor's Notice of Intent to Issue a Declaratory Order, 79 Fed. Reg. 75179 (Dec. 17, 2014). |
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Jan
22
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January 22, 2015. FY 2015 Q1 Cumulative Disclosure DataThe OFLC PERM, H-2A, H-2B, Prevailing Wage, and H-1B program disclosure data files for Quarter 1 of FY 2015 are now available. Click here to access the disclosure files and corresponding record layouts. |
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Jan
16
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January 16, 2015. DOL has Extended the Comment Period for the H-2B Notice of Intent to Issue Declaratory Order.On December 17, 2014, the Department of Labor (Department) published in the Federal Register a Notice of Intent to Issue Declaratory Order, Request for Comment, 79 Fed. Reg. 75179 (Notice). The Notice provided for the submission of public comments through January 16, 2015. On January 16, 2015 the Department published in the Federal Register a subsequent notice extending this comment period by 15 days, until February 2, 2015 in order to provide the public with additional time to submit comments. To read the notice extending the comment period, please click here. To read the Notice and learn how to submit comments, please click here. |
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Jan
16
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January 16, 2015. The Office of Foreign Labor Certification (OFLC) Implements Search FAQs feature on Frequently Asked Questions and Answers page.The Office of Foreign Labor Certification (OFLC) has updated the FAQ page of its official website with a new keyword search function, Search FAQs. Users may now search the FAQ page by using a single keyword or exact phrase to identify items in the FAQ database that correspond to keywords or characters specified by the user. A Tip sheet has been developed to assist with use of the Search FAQs tool. To access the FAQs page and Search FAQs Tip Sheet, click here. |
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Jan
13
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DOL is Extending the Comment Period for the H-2B Notice of Intent to Issue Declaratory Order.On December 17, 2014, the Department of Labor (Department) published in the Federal Register a Notice of Intent to Issue Declaratory Order, Request for Comment, 79 Fed. Reg. 75179 (Notice). The Notice provided for the submission of public comments through January 16, 2015. The Department will publish in the Federal Register a notice extending this comment period by 15 days, until February 2, 2015 in order to provide the public with additional time to submit comments. To read the Notice and learn how to submit comments, please click here. |
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Jan
8
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Permanent Labor Certification Program: Listening Session.On Thursday, January 22nd, 2015 from 4:30pm until 5:30pm EST, the Department of Labor (Department) will host a stakeholder listening session regarding the Permanent Labor Certification Program (PERM) via conference call. The session will be led by the Department's Deputy Chief of Staff, Seema Nanda and the Assistant Secretary for Employment and Training, Portia Wu. The Department is interested in beginning a dialogue and receiving feedback from you regarding the PERM program's role in employment-based immigration, its current regulatory framework and any general areas of concern to the stakeholder community. To learn more, please read the Department's factsheet. To participate in the listening session please RSVP no later than January 19th by clicking on the following link http://webapps.dol.gov/DOLEvents/Event/View/347/PERM-Public-Listening-Session and completing the registration form for the individual who will represent your organization. Once an RSVP is received, your organization's representative will receive a confirmation e-mail with additional details. If you have questions, please feel free to contact the Department's Office of Public Engagement at PublicEngagement@dol.gov. We look forward to engaging with you on this important issue. |
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